for Cap Vista Accelerator Solicitation(s)/Challenge(s)/Joint Call(s)

 

1. DEFINITIONS

 

1.1 The following terms shall have the meanings as described below: 

 

1.1.1 “Account” means a Cap Vista Accelerator account or its subscription.

 

1.1.2 “Solicitation”/“Challenge”/“Joint Call” means Cap Vista Accelerator’s open innovation challenge.     

 

1.1.3 “Solicitation website” or “website” means the computer systems and services providing the computer processes and environment for the solicitation/challenge/joint call.     

 

1.1.4 “Organisation” means a sole proprietorship, partnership, limited partnership, limited liability partnership, private company limited by shares, exempt private company, public company limited by shares or public company limited by guarantee.   

 

1.1.5 “Content” means data, text, images, photographs, video, graphics, documents, sounds, codes, scripts, computer programs, software, technology, design, databases and other materials or works that may be uploaded to, generated by, transmitted through or stored on the services made available on or accessible through the Website and/or services.

 

1.1.6 “Device” means a computer, laptop, mobile phone, smart phone, tablet or other device from which the Account, Website or Content may be accessed and used. 

 

1.1.7 “Intellectual Property Rights” or “IP” means all copyrights, trademarks, patents, trade secrets and all other intellectual property rights or proprietary rights, whether existing now or in the future, which are capable of protection in any relevant country in the world.     

 

1.1.8 “Organiser” means Cap Vista Pte Ltd (“Cap Vista”) and all other entities that it works with in the organising of the Solicitation(s)/Challenge(s)/Joint Call(s) as detailed on the Website, if any, individually and collectively.

 

1.1.9 “Party” means each Participant or Organiser, “Parties” means the Participants and Organiser collectively.

 

1.1.10 “Participants” means all persons of the registered teams individually and collectively that are participating in the Solicitation. “Participant” means each of the Participants.

 

1.1.11 “Personal Data” has the meaning set out in the Personal Data Protection Act 2012 and any subsidiary legislation made under it, as amended or revised from time to time.

 

1.1.12 “Privacy Statement” means the terms prescribed by the Organiser over the handling, collection, storage, usage, disclosure and processing of data that is provided to or collected through the Website, including the terms set out at the following URL: accelerator.capvista.com.sg and its subdomains.

 

1.1.13 “Terms and Conditions” or “T&Cs” means the terms, regulations, decisions prescribed by the Organiser for the Solicitation, including these terms and conditions set out herein and those set out in accelerator.capvista.com.sg and its subdomains.

 

1.2 The headings are for convenience of reference only and shall not be taken into consideration or affect the interpretation of these Terms and Conditions.

 

1.3 Unless a contrary intention appears, all references to “including” or any similar variations as used in these Terms and Conditions means “including without prejudice to the generality of the foregoing” and “including but without limitation”.

 

2. COMPLIANCE

 

2.1 By participating in the Solicitation(s)/Challenge(s)/Joint Call(s), you are deemed to have agreed to and shall always fully comply with the Terms and Conditions prescribed by the Organiser and as may be modified, added to or updated from time to time.

 

2.2 The Organiser may change, modify or supplement the Terms and Conditions, at its sole discretion, from time to time by posting the changed, modified or supplemented Terms and Conditions on or through the Website or through such other means as we may deem appropriate without prior notification. The Participants’ continued participation in the Solicitation/Challenge/Joint Call after such changes, modifications, supplements or amendments have been made to the Terms and Conditions will constitute your agreement and acceptance to the changed, modified or supplemented version of the Terms and Conditions. It is the Participants’ responsibility to keep themselves informed as to any changes to the Solicitation/Challenge/Joint Call and/or the Terms and Conditions.

 

 

3. GENERAL

 

3.1 In the event of any question or matter arising out of any point that is not expressly provided for in any of the Terms and Conditions, the decision of the Organiser shall be final.

 

3.2 In the event of any dispute regarding the Terms and Conditions, the conduct or results of the Solicitation/Challenge/Joint Call or any other matter relating to the Solicitation/Challenge/Joint Call, the Organiser’s decision shall be final, and no correspondence or discussion shall be entered into, comment issued, or reason given in respect of any decision made by the Organiser. 

 

3.3 These Terms and Conditions shall constitute the entire agreement between the Organiser and the Participant and supersede all prior representations, arrangements, understandings and agreements between the Parties (whether oral or written) relating to the subject matter herein contained.

 

3.4 If any of the clauses of these Terms and Conditions is found to be invalid for any reason whatsoever, such invalidity shall not affect the validity and operation of the other remaining provisions of these Terms and Conditions.

 

3.5 Participants shall not be entitled to assign any of the rights and obligations under these Terms and Conditions without the express written consent of the Organiser.

 

3.6 Nothing in these Terms and Conditions shall operate so as to create a partnership or joint venture of any kind between the Parties.

 

3.7 Unless expressly provided to the contrary, a person who is not a party to these Terms and Conditions has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce or enjoy the benefit of any term of these Terms and Conditions.

 

3.8 These Terms and Conditions shall be construed, governed and interpreted in all respects in accordance with the laws of the Republic of Singapore and the Parties agree to submit all disputes and claims in respect to these Terms and Conditions to the jurisdiction of the Courts of the Republic of Singapore.

 

 

4. SOLICITATION/CHALLENGE/JOINT CALL DURATION

 

4.1 The Solicitation/Challenge/Joint Call will be active and open for proposals submissions till the deadline as published on the Website, at 2359hrs Singapore time. The Organiser reserves the right to cancel, modify or suspend the Solicitation/Challenge/Joint Call or any part thereof at any time or re-schedule the dates or extend the duration. For the avoidance of doubt, any such cancellation, modification, suspension, rescheduling or extension will not give rise to any claims by the Participants. 

 

5. ELIGIBILITY

 

5.1 The Solicitation/Challenge/Joint Call is open to deep tech companies with innovative solutions.

 

5.2 All Participants must be above the age of 18 years old as at the date of submission of the project proposals.

 

5.3 Individual researcher(s) or inventor(s) can participate in the Solicitation/Challenge/Joint Call by partnering with an organisation that will co-develop the solution, front and lead the proposal submission and commercialise the proposed solution.

 

5.4 Participants whose team consists of employees, representatives and/or family members of the Organiser should declare all such relationships to the Organiser when entering the Solicitation/Challenge/Joint Call.

 

5.5 Participants who fail to comply with the abovementioned requirements can be automatically disqualified without further reference. 

 

 

6. APPLICATION

 

6.1 An interested participant shall submit an application via the Website that must be received by the Organiser on or before the deadline as published on the Website at 2359hrs, Singapore time. 

 

6.2 All submissions must be accurate and contain all required information. Incomplete or late entries may not be entertained. 

 

6.3 The Organiser accepts no responsibility for any late, lost or misdirected submissions including delays and/or failure of any electronic or telecommunication systems, including but not limited to technical faults and/or network disruptions/congestions. 

 

6.4 The Organiser is not responsible for any technical or human error which may occur during the application and/or administration of the Solicitation/Challenge/Joint Call.

 

6.5 Submission of an application on the Website does not guarantee the Participant the opportunity to participate in the Solicitation/Challenge/Joint Call. The Organiser reserves the right in its sole and absolute discretion, to reject or refuse participation of any Participant without providing any reason whatsoever.

 

6.6 Participants may be required by the Organiser to provide further information and shall do so within the timeframe specified by the Organiser, failing which the Participant would be deemed to have withdrawn from the Solicitation/Challenge/Joint Call.

 

6.7 The official language of the Solicitation/Challenge/Joint Call is English. All matters, including application, correspondence, and project submission, etc. must be completed in English.

 

6.8 As part of the application process for the Solicitation/Challenge/Joint Call, Participants will disclose personal information which may constitute personal data for the purposes of the Personal Data Protection Act 2012. Participants are deemed to have consented to the Organiser’s collection, use and processing of all data provided by the Participants for the purposes of administering and conducting the Solicitation/Challenge/Joint Call, and further consents to the receipt of marketing material from the Organiser and any of their related companies.

 

6.9 By entering the Solicitation/Challenge/Joint Call, each Participant represents and warrants that: 

 

a. all eligibility requirements of the Solicitation/Challenge/Joint Call are met;

 

b. the participant has complied with and will comply in all respects with these Terms and Conditions and all applicable laws; and 

 

c. the information provided in the entrant's submission, including without limitation all contact information, is true, accurate, and complete in all respects.

 

6.10 Any false information provided within the context of the Solicitation/Challenge/Joint Call by any Participant or noncompliance with any of these Terms and Conditions, or the like, may result in the automatic disqualification of the Participant from the Solicitation/Challenge/Joint Call.

 

7. DATA

 

7.1 All communication from the Organiser will be made through the contact person as specified in the application.

 

7.2 We may request or collect Data relating to persons from the same or related organisations as detailed in your submitted form(s) and/or proposal submission, in the course of your access to and use of the Website and for the purposes of the Solicitation/Challenge/Joint Call. Where this involved the Personal Data of another individual, you represent and warrant that: 

 

a. you have notified and obtained consent from that individual to allow you to provide his/her Personal Data to us, and to allow us to handle, collect, store, use, disclose or otherwise process such Personal Data for access to and use of the Website and participation in the Solicitation/Challenge/Joint Call, or other purposes as notified by us to you from time to time; and 

 

b. such Personal Data is true, correct, current and complete. 

 

7.3 You may withdraw your consent to the handling, collection, use, disclosure and processing of your Data by us with reasonable notice and subject to any prevailing restrictions imposed by applicable law or contract. The withdrawal of such consent shall result in the cessation of your participation in the Solicitation/Challenge/Joint Call. Notwithstanding the withdrawal of such consent, Cap Vista may continue handling, collecting, using, disclosing or processing your Data for any or all of the purposes regarding the Solicitation/Challenge/Joint Call if we are permitted to do so under the law. 

 

 

8. INTELLECTUAL PROPERTY     

8.1 By registering for the Solicitation/Challenge/Joint Call and submitting an application, each Participant affirms that:

 

a. the submitted project proposal in the application is his/her/the team’s original work;

 

b. the Participant(s) have all the necessary rights to submit the project proposal; and

 

c. the Participant(s)’ submission does not violate any law(s) or regulation(s) or any rights of any third party.

8.2 Participants hereby grant or shall procure a grant to the Organiser the right and license to use all materials including but not limited to the algorithms, programs, software, prototypes and products submitted or introduced by the Participants for or pursuant to the Solicitation/Challenge/Joint Call. 

8.3 The Organiser reserves the right to disqualify any Participant where the Organiser believes in their sole and absolute discretion that the submitted project proposal or any part thereof infringes upon or violates the rights of any third party.     

8.4 Each and every Participant agrees to defend, indemnify, keep indemnified and hold harmless the Organiser and their respective officers at all times from and against any claims liabilities, actions, demands, losses, damages, costs and expenses (including all reasonably incurred legal costs and expense) suffered or incurred by all or any of the Organiser resulting from: (a) any breach of the Terms and Conditions by the Participant; (b) any claims and actions alleging that the Participant infringes the IP of any person; (c) any harm or damage caused by the Participant to any third party; and/or (d) any fraudulent or wilful representation or conduct of the Participant.      

8.5 Any IP provided by the Organiser for the Solicitation/Challenge/Joint Call to the Participants may only be used for the Solicitation/Challenge/Joint Call and for lawful purposes only. The Organiser retains all rights and title to such IP. 

 

9. EVALUATION          

 

9.1 The Organiser shall shortlist the project proposals that fulfil the evaluation criteria published on the Website to be further evaluated by a panel. This panel may consist of representatives from the Organiser and/or other industry experts invited by the Organiser (“Panel”).

9.2 The Panel’s decisions in all matters relating to the Solicitation/Challenge/Joint Call, including eligibility of the Participants and the selection of the winners, will be final and shall not be obliged to entertain any correspondence or queries in relation to the same. The Panel shall not be obliged to select a winner if, in their view, none of the project proposals is of sufficient merit. Participants are advised to understand the evaluation criteria well to improve their chances of success.

 

9.3 The Panel may, in their sole discretion, and independent of the Organiser choose to further develop any project proposals with any of the participants of the Solicitation/Challenge/Joint Call.

 

9.4 The Organiser reserves the right to disqualify entries which, in their sole discretion, are deemed irrelevant, offensive, and/or do not comply with these Terms and Conditions. The Organiser reserves the right to disqualify or replace any Participant that is awarded a project trial if they or he or she is found to be in breach of these Terms and Conditions. Such disqualified Participant(s) shall refund the full amount of any project trial money received to the Organiser.

 

9.5 Upon application for the Solicitation/Challenge/Joint Call, all Participants, if selected, acknowledge and agree to be present for all meetings, presentation/pitching sessions, prototype testing trial sessions, the judging and award ceremony as scheduled by the Organiser (“Events”) if applicable. At least one (1) team member is to be present at all Events to represent the team. However, all team members are encouraged to attend and participate. In the event that the Participant(s) cannot be present, a valid reason must be given as early as possible. Failure to comply may result in the Participant being disqualified from the Solicitation/Challenge/Joint Call.      

 

 

10. MEDIA USAGE                                        

10.1 By entering into this Solicitation/Challenge/Joint Call, Participants consent to the use of their personal data as defined in the Personal Data Protection Act 2012 by the Organiser for the purposes of any post-Solicitation/Challenge/Joint Call activities and/or publicity. Participants agree to take part in any publicity relating to the Solicitation/Challenge/Joint Call as well as to the use of their names and photographs in such publicity.

10.2 Participants acknowledge and agree to participate and cooperate in all media and promotional activities relating to the Solicitation/Challenge/Joint Call, including but not limited to being interviewed, photographed and videoed. 

10.3 Participants grant the Organiser a royalty-free, world-wide, perpetual, irrevocable and non-exclusive licence to use, reproduce, display and/or create derivative works of such footages and photographs in all media worldwide, including online social media and networking websites without compensation (unless prohibited by law) and without prior inspection or approval.

 

10.4 Participants agree to execute additional specific consents to such use if asked to do so.

 

10.5 The participant acknowledges and agrees that all rights, title, and interest in and to the branding, logos, trademarks, and any other IP owned by Cap Vista are the exclusive property of Cap Vista. The Company shall not use or display any of Cap Vista's or its partners' IP in any manner, including in its communication materials, without the prior written consent of Cap Vista.

 

 

11. LIABILITY

11.1 Whilst reasonable precaution will be taken by the Organiser to ensure safety of all the Participants, each Participant acknowledges and agrees that his or her participation in the Solicitation/Challenge/Joint Call is at his or her own risk. 

11.2 Each and every Participant agrees to defend, indemnify and hold harmless the Organiser, their subsidiaries/associated companies, including their respective officers, employees, contractors and agents, from and against any and all claims, causes of action, damages, obligations, losses (including any loss of opportunity), liabilities (including negligence), personal injuries, costs or debt, and expenses (including attorneys’ fees and costs) and all amounts paid in settlement arising from or relating to, whether directly or indirectly, special or consequential, to the Participant’s participation in the Solicitation/Challenge/Joint Call. 

11.3 The Organiser may assume the exclusive defence and control of any matter for which Participants have agreed to indemnify the Organiser. Participants agree to assist and cooperate with the Organiser in the defence or settlement of any such matters.

11.4 Each Participant is required to take all appropriate safety measures including obtaining appropriate insurance coverage (if necessary) throughout this Solicitation/Challenge/Joint Call covering but not limited to designing and developing the prototype, conducting the prototype trials including any visits to the Organiser’s premises or any determined premises by the Organiser.

 

This version of these T&Cs is dated 29 January 2024.